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Man who attacked intruder freed Man who attacked intruder freed
(about 9 hours later)
A businessman who was jailed for permanently injuring an intruder who attacked him and his family has been freed by the Court of Appeal.A businessman who was jailed for permanently injuring an intruder who attacked him and his family has been freed by the Court of Appeal.
Munir Hussain 53, was sentenced to 30 months for grievous bodily harm with intent after he hit Walid Salem with a cricket bat on 3 September 2008.Munir Hussain 53, was sentenced to 30 months for grievous bodily harm with intent after he hit Walid Salem with a cricket bat on 3 September 2008.
Hussain and his family had been tied up by three intruders at their home in High Wycombe, Buckinghamshire. Hussain and his family were tied up at home in High Wycombe, Buckinghamshire.
His jail sentence has been replaced with a two-year suspended term. On his release he said he was "very happy". His jail term was reduced to 12 months suspended for two years.
There is also a supervision requirement for the two years.
Hussain was released from Bullingdon Prison in Oxfordshire where he had been serving his sentence.
We're grateful for all the support we have received from the entire nation, and all the support from the media Awais Hussain, son
Speaking outside his father Zamin Ali's house on Desborough Park Road, in High Wycombe, Hussain said: "First of all, thank you all the media for supporting us while we've been away.
"That support has been very comforting. I'm very happy, but obviously my brother is still there."
His younger brother Qadeer Hussain said they were going to spend some family time together and have a meal.
Lord Chief Justice Lord Judge, who was sitting with two other judges in London, said he had shown "mercy" to Hussain.Lord Chief Justice Lord Judge, who was sitting with two other judges in London, said he had shown "mercy" to Hussain.
Community figures Hussain's son, Awais Hussain: "They were saying to us they were going to kill us"
His brother, 35-year-old Tokeer Hussain, who was also jailed for causing grievous bodily harm, had his 39-month jail term reduced to two years. His brother, 35-year-old Tokeer Hussain, who was also jailed for causing grievous bodily harm with intent, had his 39-month jail term reduced to two years.
Hussain's son, Awais Hussain, said the family was grateful for all the support it had received.Hussain's son, Awais Hussain, said the family was grateful for all the support it had received.
Tokeer Hussain has had his jail term reduced
Speaking outside court, he said: "We're extremely grateful to the Court of Appeal and the Lord Chief Justice for releasing my father.Speaking outside court, he said: "We're extremely grateful to the Court of Appeal and the Lord Chief Justice for releasing my father.
"We're grateful for all the support we have received from the entire nation, and all the attention support from the media. "We're grateful for all the support we have received from the entire nation, and all the support from the media.
"Whilst it will be great to have my father home immediately, our thoughts will be with my uncle, Tokeer Hussain, who won't be released as yet... We hope he stays strong.""Whilst it will be great to have my father home immediately, our thoughts will be with my uncle, Tokeer Hussain, who won't be released as yet... We hope he stays strong."
He added: "I don't think our family will ever get over it."He added: "I don't think our family will ever get over it."
Hussain and his brother, who were both described as being at the heart of their community, were imprisoned in December after being found guilty at Reading Crown Court.Hussain and his brother, who were both described as being at the heart of their community, were imprisoned in December after being found guilty at Reading Crown Court.
'Exceptional' case
The court heard Hussain and his wife and children returned from their local mosque to find intruders wearing balaclavas in their home.The court heard Hussain and his wife and children returned from their local mosque to find intruders wearing balaclavas in their home.
ANALYSIS: Clive Coleman, legal affairs analyst
The 2008 Criminal Justice and Immigration Act provides that homeowners who use reasonable force to protect themselves against intruders, and use no more force than is absolutely necessary, should not be prosecuted.
However, there are additional factors. The homeowner should be acting instinctively, fear for their own safety or the safety of others, or act in order to make a lawful arrest (or prevent someone who is lawfully detained from escaping).
The law does not protect those who set upon a fleeing criminal or who lie in wait to attack them. This would amount to people taking the law into their own hands.
The Lord Chief Justice made it clear that the Hussain case was 'exceptional', and that the 'call for mercy' had to be answered. 'Hail have-a-go heroes'
They were tied up but the businessman escaped and enlisted his brother to help chase the offenders down the street, bringing one of them to the ground.They were tied up but the businessman escaped and enlisted his brother to help chase the offenders down the street, bringing one of them to the ground.
The pair left Salem with a permanent brain injury after hitting him with a cricket bat.The pair left Salem with a permanent brain injury after hitting him with a cricket bat.
The force of the blow was so hard that it broke the bat into three pieces.The force of the blow was so hard that it broke the bat into three pieces.
Lord Judge said: "This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.Lord Judge said: "This trial had nothing to do with the right of the householder to defend themselves or their families or their homes.
"The burglary was over and the burglars had gone. No one was in any further danger from them.""The burglary was over and the burglars had gone. No one was in any further danger from them."
The decision to free Hussain comes one day after judges rejected his appeal against his conviction.The decision to free Hussain comes one day after judges rejected his appeal against his conviction.
Lord Judge said the case was one of "true exceptionality".Lord Judge said the case was one of "true exceptionality".
Metropolitan Police Commissioner Sir Paul Stephenson said people who put themselves in danger to tackle criminals should be celebrated as "heroes".
Courageous members of the public "make our society worthwhile", he said as part of a widening political debate about the rights of people to use force to defend themselves.